Duckworth, Gillibrand, Senate Democrats Urge the Trump Administration to Help Ensure Websites and Apps Are Accessible for Americans with Disabilities

Duckworth, Gillibrand, Senate Democrats Urge the Trump Administration to Help Ensure Websites and Apps Are Accessible for Americans with Disabilities

[WASHINGTON, D.C.] - U.S. Senators Tammy Duckworth (D-IL) and Kirsten Gillibrand (D-NY) today are leading their Senate Democratic colleagues in urging the Trump Administration to help ensure websites and mobile applications are accessible for Americans with disabilities. In a letter to Acting Attorney General Todd Blanche and Secretary of Health and Human Services (HHS) Robert F. Kennedy, the Senators sharply criticized the Trump Administration's efforts to revise and delay federal regulations under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act for websites and mobile applications that were finalized under the previous Administration. Blocking these long overdue online accessibility rules protects an unacceptable status quo where Americans with disabilities are denied equal access to state and local government online services.

"The Departments' 2024 final rules represent a long-overdue and critically important step toward ensuring that people with disabilities have equal access to state and local government services in the digital age," wrote the Senators. "To see them delayed is a dismissal of the rights and needs of people with disabilities."

In 2024, the Department of Justice (DOJ) and HHS under the Biden Administration established clear and enforceable final rules for state and local governments to meet, ensuring accessibility of websites and mobile applications.

The Senators concluded: "The compliance deadlines set forth in the 2024 final rules already reflect a balanced approach that provides time for implementation while recognizing the urgency of addressing longstanding digital accessibility barriers. Delaying these requirements perpetuates inequities in access to essential government services. At a time when government services are increasingly delivered online, weakening this rule would risk excluding millions of Americans with disabilities from full participation in civic life."

Along with Duckworth and Gillibrand, the letter was co-signed by U.S. Senators Richard Blumenthal (D-CT), Lisa Blunt Rochester (D-DE), Chris Coons (D-DE), Angus King (I-ME), Patty Murray (D-WA), Bernie Sanders (I-VT) and Ron Wyden (D-OR).

Full text of the letter is available on Senator Duckworth's website and below:

We write to express opposition regarding the Department of Justice's Interim Final Rule (IFR) and the Department of Health and Human Services' IFR that revises the recently finalized regulations implementing Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act for websites and mobile applications.

The Departments' 2024 final rules represent a long-overdue and critically important step toward ensuring that people with disabilities have equal access to state and local government services in the digital age. The rules established clear, enforceable requirements-aligned with WCAG 2.1 Level AA-that public entities must meet to ensure accessibility of websites and mobile applications. These standards are essential to ensuring access to core civic functions, including voting, education, healthcare, public safety, and benefits administration.

These rules provided standards to what is already a requirement under law. To see them delayed is a dismissal of the rights and needs of people with disabilities. Delaying the implementation of these rules means that students of all ages will continue to face systemic barriers to a quality education. People with disabilities will also continue to face challenges accessing civic information critical to making informed decisions in state and local elections.^[1] Delaying these rules also mean healthcare providers will continue to publish inaccessible forms and resources impacting healthcare services for patients with disabilities.^[2] These and other injustices people with disabilities experience in our digital world must end.

The compliance deadlines set forth in the 2024 final rules already reflect a balanced approach that provides time for implementation while recognizing the urgency of addressing longstanding digital accessibility barriers. Delaying these requirements perpetuates inequities in access to essential government services.

We are deeply opposed to IFRs-rather than a transparent notice-and-comment rulemaking-delaying compliance without adequate public input. The use of an IFR in this context circumvented the meaningful stakeholder engagement that is foundational to effective rulemaking. Should the Departments seek additional changes to the website and mobile applications final rules, we urge full transparency and public participation. At a time when government services are increasingly delivered online, weakening this rule would risk excluding millions of Americans with disabilities from full participation in civic life.

Importantly, the IFRs do not alter the underlying accessibility requirements established in the Departments' 2024 final rules. Public entities remain obligated to ensure that their web content and mobile applications are accessible under the ADA. The Department of Justice itself has reaffirmed that existing ADA obligations requiring effective communication and equal access continue to apply during the extension period of the compliance deadlines.

We appreciate your attention to this critical matter and stand ready to work with the Departments to ensure that implementation of the final rules fulfills its intended purpose: equal access for all.

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